Viscount Waverley: My Lords, I declare my interests as set out in the register, and add to the concerns of the noble Lord, Lord Mackenzie. Can the Minister look at a mightily odd situation whereby Barclays Bank, on behalf of the sector, would welcome clarity and the need for urgent regulatory reform in a certain regard? Is the Minister aware of the term “politically exposed persons”—PEP, in the jargon? What is meant by it, and why does it exist such that it affects the ability of that bank being able to open a bank account and, additionally, MoneyGram not effecting a transfer of €300 in Sierra Leone for a well-developed SME fintech start-up that would have brought tax revenues and employment for the UK and driven opportunity globally to UK SMEs but which has, regrettably, driven the platform offshore?

Earl of Caithness: My Lords, I fear that I might not be quite as brief as I was when I spoke to my last amendment. My concern is that at present the Government give access to farmland without compensation or appreciating the impact on the farm. The coastal footpath is one example of farmers having access rights forced on them and this even goes as far as public access to private beaches free of charge. My amendment simply seeks to rectify that by allowing the Government to pay compensation where there is damage and for public access. I believe that the Bill only makes matters worse and I fear that, if we are not careful, the Government will, sadly, start to alienate the farming community as the consequences of this legislation become more apparent.
On Tuesday we talked about rights and the provision of access. Today I want to discuss the consequences of those rights and the other “R” word—responsibility. It is a word that does not seem to crop up much now in the way that we work and it is often ignored. When we talk about responsibility and the countryside, it is the mess that people leave behind that I want to focus on, although there are other issues that I will mention. We have all seen the dreadful amount of detritus that has been left on recent visits to the countryside and parks: the glass, the laughing gas canisters, the soiled nappies, the plastic bags, the fast food containers and every other sort of rubbish. The cover of the 25-year environment plan has a lovely picture of Durdle Door in Dorset. Three tonnes of rubbish were collected in one day off that beach alone. In Morecambe Bay, 25 black plastic bags of rubbish were picked up and 12 tonnes of rubbish was taken off Bournemouth beach.
Litter is a hazard to animals and wildlife as well; it is not just an ugly sight for us human beings. In Port Meadow in Oxfordshire, five horses and 10 cows needed treatment and a cow died from eating plastic. We are talking about people’s livelihoods. Sadly, what is not being left on the land is now being washed out to the ocean. We saw yesterday comments about the number of face masks that are being washed out into the seas as people chuck them away after use to try to combat the virus. It was rather dismaying to read that one face mask alone could kill a whale. It is we human beings who are making all this mess and putting such a hazard in wildlife’s way. The RSPCA receives over 7,000 calls a year over litter-related incidents.
The removal of litter costs a lot of money. In the last month it has cost Hyde Park and Kensington Gardens nearly 20% more than at the equivalent time last year to pick up the amount of litter that has been thrown down.
This is not a recent aberration and it is incorrect to blame it on the excitement of being able to get out after lockdown. A survey last year showed that one in five visitors to the Royal Parks left litter behind after their visit. The LitterAction group tells us that the problem in rural areas is more than it can contend with. Worst of all, the Hygiene Council has proclaimed us the dirtiest developed country in the world. That is a bad record to have.
Fly-tipping is a cause of litter, and the Defra figures published last November show that local authorities dealt with over 1 million fly-tipping incidents in the 12 months to the end of March 2019. That was another annual increase, this time of 8%. What should be done about this? I was delighted that my noble friend the Minister said on Tuesday that
“dropping litter should be an anti-social behaviour.”—[OfficialReport, 7/7/20; col. 1104.]
I hope my noble friend who replies will not use the facile comment that there is going to be another anti-litter campaign. We tried that in 1987, when I was Minister for the countryside. The Secretary of State, Nick Ridley, persuaded the Prime Minister to get involved and there was a great photoshoot in St James’s Park. It helped for a bit, but we seem to have an ingrained ability to forget about these things and to continue in our bad, old ways. Will my noble friend the Minister consider on-the-spot fines or an alteration of the law to increase fines—and to not only increase them, but to enforce them?
Does my noble friend agree that litter begets litter? I am a believer in the broken window theory, which holds that when an environment is run-down, people are more likely to add to the damage because it looks ghastly. Herein lies a problem for farmers that will come as a result of this Bill. We all want more biodiversity and we all want more land set aside for nature, but sadly that land often looks unkempt. If one is a believer of the broken window theory and sees land that does not look as though it has been farmed—unlike a crop of wheat that has been sprayed to the nth degree, without a weed in sight—people are more likely to leave litter there as a result. That is going to cause a huge problem, both to farmers and to wildlife.
Litter is not the only problem. I am sure my noble friend was awake and listening to “Farming Today” when we heard about the Welsh farmer who had to spend three hours sorting out two flocks of sheep that had been allowed to get together because a rambler had left a gate open. That is time and money for the farmer, and it affects his livelihood. Indeed, I have been told by the NFU that some farmers in upland areas have given up having cattle because of the problems caused by public access. This is contrary to everything that we were discussing on Tuesday about getting more pasture-fed beef, improving our uplands and keeping the uplands going. The Bill is going in one direction but, sadly, public access seems to be taking it in another.
We also have the problem of dogs and dog fouling. Some people will put dog mess into a plastic bag, but too often I have seen them just drop the bag and leave it for somebody else to pick up. I was walking in Richmond Park the other day and there was a dog running through some rough grass, totally out of control. The owner was not interested. I stopped the owner and said to him, “Is that your dog?”. Having got the usual amount of verbal abuse for interfering, he said “Yes”, so I said, “Could you please bring it under control?”. He said, “Why? It is having fun. It is running through the long grass.” I said, “Have you read the sign behind you that says that this area is set aside for  skylarks nesting?”. The ground-nesting birds were being pushed up by this dog, with the complete indifference of the owner to the responsibility of owning a pet and protecting wildlife.
Then there is the question of fires. We all saw the problem of the Saddleworth fire. That cost the owner thousands of pounds in having to provide bowsers and slurry tanks of water to help to tackle the fire, and helicopters to help to spray. There was a huge amount of damage to wildlife as well. What is the latest news on the fire severity index? This was an initiative of the last-but-one Secretary of State, Michael Gove. I gather that the report was completed last year, but we do not seem to have heard anything from him. Can the Minister also tell me how many local authorities are using public space protection orders to stop barbecues on farms?
Then there is the question of rescue. A friend of mine in Scotland suddenly saw an ambulance and a police car coming up his drive. He asked them why they were there, and they replied that they needed his help to rescue someone who had broken their leg on the hill. They expected the farmer to drop everything, stop the work that he was doing, and produce tractors and quad bikes to rescue somebody who was walking on the hill—perfectly legitimately. The farmer did all that but never got a word of thanks from anyone. That puts a huge onus on farmers.
Then there is the question of security. The more people tramping over one’s land, the more damage to the biosecurity, but there is also going to be a threat to one’s own security. I have talked to a number of farmers who have been verbally abused when they have approached people trespassing, or for not having dogs under control. It is not a pleasant experience.
The word “balance” was used a lot on Tuesday, but at the moment the scales weigh heavily in favour of the public, with no compensation to help the farmer and the landowner. Unless that problem is addressed, many of the hopes and objectives of this Bill will not be met. I beg to move.